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Filing Requirements:

Trademarks: Brazil


  Trademark Filing Requirements:

  1. Simply signed power of attorney (Power Form).

  2. Details of the mark and list of goods/ services.

  3. Sample of the mark (if design).

  4. Details of the applicant.

 

  Renewal Registrations:

  1. Power of Attorney simply signed (Power Form).

 

  Change of Name/Address  Requirements:

  1. Simply signed power of attorney under new name (Power Form).

  2. Official document certifying change of name.

 

  Assignment Requirements:

  1. Power of Attorney signed by assignee (Power Form).

  2. Assignment document signed under hand by both parties before two witnesses for each party.

  3. Affidavit evidencing that the signatory is the legal representative of the assignor legalized up to the Consulate.

  4. Nominal consideration, no tax implication no stamp duty, with or without Goodwill.

  5. Pending application may be signed, unregistered marks may not be signed.

 

  Searches:

  1. Method of search: conducted by computer on the official data base and/or on a private data base.

  2. Time to be taken: as requested.

  3. Contents: search report includes information of prior marks hit by the search and comments on similarity between the subject mark and each relevant prior mark.

  4. Other: necessity of use search on prior mark should be judged case by case and client's request.

 

General Information:

Classification of Goods/ Services: International Classification, (Nice classification is used in Brazil), single-class filing.

 

Claiming priority under Paris Convention: Yes.

 

Registration duration: 10 years from date of application.

 

Time until issuance of registration: 40 Month.

 

Opposition period: 60 Days

 

Renewal Application: Within 12 months before expiry.

 

Use: When a registered mark has not been continuously used for the goods or services concerned for 5 years from the date of registration (or the date of the last use), a cancellation action may be filed by an interested person.

 

Notes:

As from 1st January, 2007 the goods and services muat be specified according to the standard items of The International Classification of Goods and Services of Nice Classification on its Ninth Edition (WIPO). Hence the best way is to specify the "Basic No" for each good or service available on the WIPO Catalog. Non standard items must be deleted from the applications.

However it is possible to have them registered only through a petition claiming for the addition of the non standard items but additional cost will be involved.

Moreover, Applicants can also claim for the whole class with no additional cost.

 

 

 
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